Legal Question in Wills and Trusts in Texas

Determined heirs signed settlement. All agreed I am to have ownership of the house. This all was settled in 2013, in Fort Worth, Texas. Determined heirs notarized and signed, The probate Judge excepted settlement and signed off on it. My attorney failed or forgot to have warranty deed in paperwork that was to b signed by determined heirs. Settlement states determined heirs giving me ownership yet states they must sign warranty deed. I unable to clear my home property title unless determined heirs sign. Two determined heirs refuse now. What to do?

Asked on 1/12/16, 11:13 am

1 Answer from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

The court order determining heirship and who owns what along with the settlement agreement of record in the proceeding should be sufficient for most title companies to insure title to the house without additional joinder of the heirs who should have signed years ago. That being said, you should go back to the lawyer who handled the matter and ask that person to fix the problem. You may need to hire your own lawyer since the lawyer who represented the estate represented the estate and not you and may have a conflict.

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Answered on 1/12/16, 12:27 pm

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